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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75281
Experience:  Over 5 years in practice
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I was wondering if you could possibly advise me about my

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Hello, I was wondering if you could possibly advise me about my court appearance in the next 3 weeks
Assistant: Where is this? It matters because laws vary by location.
Customer: It's Newcastle under Lyme area
Assistant: What steps have been taken so far?
Customer: Unfortunately I have not taken breath test without realising that is an offence itself.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I was taken into custody and charged with this offence

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 5 months ago.
Basically I was parked outside the property and had a drink of wine and I was inside the car trying to grab my bag when the police pulled over next to me and asked me if I was driving whilst drinking. I said no because I only had a drink when I pulled over beside my property.
Customer: replied 5 months ago.
They asked me for a breath test but I refused it because I wasn't aware it was an offence in itself
Customer: replied 5 months ago.
They took me to the custody and charged me with the offence of not taken a teat
Customer: replied 5 months ago.
Buti didn't know that was a car
Customer: replied 5 months ago.
A case
Customer: replied 5 months ago.
Because I admitted have had a drink
Customer: replied 5 months ago.
What kind of penalty should I expect? My job is a commute route and I do have 3 young children to look after

Thank you.

If is simply failing to provide then you will receive a community order. There is an outside chance of fine.There will also be court costs of £85 and a ban of between 12 to 16 months.

Can I clarify anything for you?


Customer: replied 5 months ago.
What can I possibly do to avoid the ban?
Customer: replied 5 months ago.
Could I ask for bigger fine instead?
Customer: replied 5 months ago.
It's crucial for me to be able to drive

I'm sorry but it is mandatory.

The magistrates have no discretion with failing to provide.

Customer: replied 5 months ago.
But because I'd never ever come across it I wasn't aware of this offence?

Yes, i am sorry.

Customer: replied 5 months ago.
I was told by another lawyer that it's not so black and white. Was she lying?

I doubt she was lying.

But a ban is mandatory for failing to provide.

Customer: replied 5 months ago.
I was told 12 months was maximum penalty

Then that is wrong.

The guidelines say 12 - 16 months.

I doubt she said it was a maximum anyway. She may have said it was commonly the ban period.

Customer: replied 5 months ago.
She said I could avoid ban altogether if I show remorse on the very first offense
Customer: replied 5 months ago.
Is it possible?


Not if the facts are as you say

I'm happy to continue with this but please rate my answer.

Customer: replied 5 months ago.
Where do I do it?

I think you should be seeing a rate button?

Jo C. and 3 other Law Specialists are ready to help you